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HomeMy WebLinkAboutContract 1487-2 ORIGINAL c - iqui -a, AMENDMENT NO. 1 to the INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING By and Between THE AGUA CALIENTE BAND OF CAHUILLA INDIANS and THE CITY OF CATHEDRAL CITY Regarding PROJECT CONTRIBUTIONS FOR THE RAMON ROAD WEST IMPROVEMENTS PROJECT WHEREAS, the Agua Caliente Band of Cahuilla Indians (the "Tribe") is a Federally-recognized Indian Tribe governing itself according to a Constitution and By- Laws and exercising sovereign authority over the lands of the Agua Caliente Indian Reservation, acting through its duly elected Tribal Council, subject to Federal law; and WHEREAS, the City of Cathedral City (the "City), acting through its City Council, is a political subdivision of the State of California, established pursuant to the Constitution of the State of California; and WHEREAS, on December 8, 2010, the Tribe and the City entered into a Memorandum of Understanding (MOU) regarding project contributions and the responsibilities of both parties to complete the construction of the Ramon Road West Improvements Project (the "Project"), a Capital Improvement Project for the City; and WHEREAS, one of the Tribe's responsibilities was to contribute up to $2,300,000 in Indian Reservation Roads (IRR) Program funding toward the design and construction of the Project, based on work performed and progress estimates submitted by the City to the Tribe, and 1 WHEREAS, the Federal Highway Bill known as Moving Ahead for Progress in the 21st Century Act (MAP-21, Public Law 112-141) enacted on July 6, 2012, renamed the IRR Program the Tribal Transportation Program, and WHEREAS, the City has requested additional funding from the Tribe to design and construct median landscape improvements to the Project; and WHEREAS, the MOU provides that it may only be amended in writing, signed and duly approved by both the Tribal Council and the City Council, and WHEREAS, in accordance with such requirements, the Tribal and City Councils have executed and delivered this Amendment No.1 to the MOU. NOW THEREFORE, the Tribe and the City express their mutual understanding and responsibilities as follows: 1. The Tribe will make payments to the City, as necessary and subject to the availability of funds from its annual TTP funding allocations, up to $2,550,000, for use toward the design and construction of the Project, based on work performed and progress estimates submitted by the City to the Tribe. 2. Except as modified by this Amendment No. 1 to the MOU, the project contributions and responsibilities contained in the MOU remain as stated in the MOU. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2 IN WITNESS WHEREOF, the Tribe and the City have executed this Amendment No. 1 to the MOU as of the {I day of NevemtseT 2013. Approved s to Form / falfj ki4A4- ----- Tribal Attorney Approved as to Form / / City Attorney "TRIBE"d Agua Ca '=ate'.hui . ndians A Fe• - - -Re •% ized ribe Jeff 7 •• -, airman "CITY" City of Cathedral City, California A Muni•+'pal Corporation ATTEST ,, tr rib.. „._ _` .t leen DeRosa, Mayor City Cler 3